Mustang City Zoning Code

This chapter shall be enforced by a zoning administrator appointed by the city manager. It is a violation of this chapter for any person to change or permit change in the use of land or buildings or structures or to erect, alter, move or improve any building or structure until a building permit has been obtained under the provisions of this article.

(Code 1977, § 17.50.020)

(a)

Whenever any structure or building is to be improved in an amount exceeding $2,500.00, or erected, moved or structurally altered, a building permit shall be obtained from the zoning administrator. The administrator may require every applicant for a building permit to furnish the following information:

(1)

A plot plan, drawn to scale, which shows the topographic characteristics of the site at a contour interval of not less than two feet and also shows the exact size, shape and dimensions of the lot to be built upon, the exact size and location on the lot of all existing buildings and structures, and the exact size and location on the lot of the structure or building proposed to be repaired, altered, erected or moved, and the size, arrangement, number of parking stalls, movement of vehicles and ingress and egress drives for all off-street parking and loading facilities;

(2)

A declaration of the existing and intended use of each existing and proposed building or structure on the lot and the number of families and housekeeping units which each existing building accommodates and which each existing and proposed building is designed to accommodate;

(3)

Additional information relating to the proposed improvement needed to determine compliance with this chapter; and

(4)

A survey prepared by a land surveyor or an engineer registered in the state of the boundaries of the lot on which the improvement is proposed to be located.

(b)

The cost of a building permit shall be as set forth in section 42-18.

(Code 1977, §§ 17.50.021, 17.50.022)

The city council may, from time to time, on its own motion, on petition as set forth in section 122-52, or on recommendation of the planning commission, amend the regulations and districts herein established. No change in regulations, restrictions or district boundaries shall become effective until after a public hearing is held in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard. A notice of the time and place of the hearing shall be published in an official paper or paper of general circulation in the city at least 15 days prior to the hearing.

(Code 1977, § 17.50.030)

(a)

For each petition for amendment to this chapter or the comprehensive plan, any person shall provide in writing the following information:

(1)

A legal description of the property and the street address or approximate location in the city.

(2)

The present zoning classification of the property and the classification sought by the applicant.

(3)

The zoning application for any land or premises must be signed by the owner of the property or his duly designated agent, and unless signed shall not be considered.

No application for rezoning of any land or premises will be approved unless the owner of the property for which rezoning is being proposed agrees to dedicate a street right-of-way to the city.

(b)

The applicant shall deposit with the city clerk the application and notice fees as set forth in section 42-122.

(Code 1977, § 17.50.031; Ord. No. 1185, § 4, 4-2-2019)

A list of the property owners within 300 feet of a rezoning applicant's property shall be prepared and certified by an abstract company. For applications requesting rezoning to a C6 commercial special use district, a list of the property owners within 1,320 feet of a rezoning applicant's property shall be prepared and certified by an abstract company. This certified ownership list shall contain the legal description and the mailing address of the property owners and shall be submitted at the time of application for rezoning. The property owners affected shall be located on an accompanying map.

(Code 1977, § 17.50.032; Ord. No. 1037, § 2, 2-2-2010)

(a)

Following receipt of a complete application for a zoning map amendment or initiation of a zoning map amendment by the planning commission or city council, the planning commission shall hold a public hearing and make a report and recommendation to the city council. The planning commission shall recommend that the proposed amendment be approved, approved with modifications, or denied.

(b)

Notice of a public hearing before the planning commission of any petition for amendment shall be given by the secretary of the planning commission by mailing written notice at least 20 days in advance of the meeting headed "notice of redistricting" to all owners of property within a 300-foot radius of the exterior boundary of the property. The notice shall contain the information required in section 122-52 and shall set forth the date, time and place of the public hearing of all interested parties before the planning commission.

(c)

Notice of a public hearing before the planning commission of any petition for amendment for a use allowed only in a C6 commercial special use district shall be given by the secretary of the planning commission by mailing written notice at least 30 days in advance of the meeting headed "notice of redistricting" to all owners of property within a 1,320-foot radius of the exterior boundary of the property. The notice shall contain the information required in section 122-52 and shall set forth the date, time and place of the public hearing of all interested parties before the planning commission.

(d)

In addition to the notice under subparts (b) or (c), the secretary of the planning commission shall cause such notice to be published at least 15 days prior to the time fixed for the hearing in the official paper or publication in general circulation in the city.

(e)

A petition for amendment initiated by the city council or the planning commission shall be transmitted to the city council with the report and recommendations of the planning commission within 30 days of the date of planning commission action for hearing before and city council action thereon.

(f)

A petition for amendment recommended by the planning commission for approval, or approval subject to modifications, shall be transmitted to the city council with the report and recommendations of the planning commission within 30 days of the planning commission action for hearing before and city council action thereon.

(g)

A petition for amendment recommended for denial by the planning commission shall not be considered further, unless the applicant, within 15 days of the action by the planning commission, shall file with the city clerk and the recording secretary of the planning commission a written request for a public hearing before the city council. If no such request is filed, then $50.00 of the original filing fee shall be refunded to the applicant. Upon notice of a request for a public hearing before the city council, the planning commission shall transmit to the city council the application, its report and recommendations, and a copy of its minutes of the hearing. The recording secretary of the planning commission shall notify all interested parties of the time and place of the city council meeting pursuant to subparts (b), (c) and (d) herein.

(Code 1977, § 17.50.033; Ord. No. 1037, § 3, 2-2-2010; Ord. No. 1174, § 1, 9-4-2018)

State Law reference— Similar provisions, 11 O.S. § 43-106.

(a)

At the time set for hearing, the council shall proceed to conduct a hearing wherein all interested parties shall have the opportunity to be heard. Protests against proposed changes shall be filed at least three days before the date of public hearing before the city council. If protests are filed by:

(1)

The owners of 20 percent or more of the area of the lots included in the proposed change, or

(2)

The owners of 50 percent or more of the area of the lots within a 300- foot radius of the exterior boundary of the territory included in the proposed change, separated therefrom only by an alley or street, excluding property outside the city limits and public property, then the proposed change or amendment shall not become effective except by three-fifths favorable vote of all members of the municipal governing body.

(b)

It is the intent of the city council to vote upon applications for amendments to zoning regulations within 90 days of the filing of same by applicants with the city clerk.

(Code 1977, § 17.50.040(B); Ord. No. 796, § 1, 2-19-2002)

Petitions to amend this chapter heard and decided by the city council will not again be set down for hearing within six months of the date of the decision by the city council. Petitions may not be refiled with the planning commission within six months after the date of such decision by the city council. Petitions for zoning of the same property in a different zoning classification may, however, be refiled.

(Code 1977, § 17.50.041)

(a)

The city council may, after a public hearing and recommendation by the planning commission, authorize for specific parcels of land the issuance of a specific use permit.

(b)

The uses listed in the specific use list are so classified because of the size of the land they require or the specialized nature of the use, or they may more intensely dominate the area in which they are located or their effects on the general public are broader in scope than other types of uses permitted in the district.

(c)

The designation of a specific use permit as possible on the specific use permit list does not constitute an authorization or an assurance that such use will be permitted. Rather, each specific use permit application shall be valued as to its probable effect on the adjacent property and community welfare and may be approved or denied as the findings indicate appropriate.

(d)

Specific use permits are subject to yearly review and renewal or termination and are subject to termination during the year if the use is no longer compatible with the area or the applicant is violating the conditions imposed on such use.

(Ord. No. 1218, §§ 1, 2, 2-2-2021)

Editor's note— Ord. No. 1218, § 1, adopted Feb. 2, 2021, repealed the former § 122-57, and § 2 enacted a new § 122-57 as set out herein. The former § 122-57 pertained to application for conditional use permit and derived from Ord. No. 1023, § 2, adopted June 16, 2009; Ord. No. 1037, § 4, adopted Feb. 2, 2010; and Ord. No. 1185, § 5, adopted April 2, 2019.

(a)

Plans and data to be submitted. Prior to submission of a request for a specific use permit, the development director may require one or more pre-application conferences with the potential applicant. In considering and determining its recommendation to the city council relative to any application for a specific use permit, the planning commission will establish the requirements necessary for consideration of the application. The planning commission may require that the applicant furnish preliminary site plans and data concerning the operation, location, function and characteristics of any use of land or building proposed. For uses in which the land use has possible environmental impact, the planning commission may require those engineering and/or environmental impact studies necessary for evaluation of the proposed use. Further, the planning commission may require such other information as necessary to evaluate the proposed specific use.

(b)

Planning commission requirements. The planning commission may, in the interest of the public welfare and to assure compliance with the intent of this ordinance and the Mustang Comprehensive Plan, require such development standards and operational conditions and safeguards as are indicated to be important to the welfare and protection of adjacent property and the community as a whole and be compatible with the natural environment and the planned capacities of public services and facilities affected by the land use. This may include the requirement of having the property platted and/or the requirement of the dedication of sufficient right-of-way or easement as necessary to further the public good. The planning commission may impose conditions including, but not limited to, bonding, insurance, permitted uses, lot sizes, setbacks, height limits, required facilities, buffers, open space areas, lighting, noise levels, signage, landscaping, parking and loading, compatibility, and land use intensity/density as may be indicated depending upon the proposed use and its potential effect on adjacent areas or the community.

The planning commission may recommend to the city council that certain safeguards and conditions concerning bonding, insurance, setbacks, ingress and egress, off-street parking and loading arrangements and location or construction of buildings and uses and operation be required.

(c)

City council requirements. The city council shall have the same authority as the planning commission under subsection (b) and in addition may make additional requirements for review and conditions that in its discretion are in the interest of the public welfare and to assure compliance with the intent of this ordinance and the Mustang Comprehensive Plan.

(d)

Designation of zoning map. A specific use permit approved under the provisions of this zoning Code shall not be considered as an amendment to the zoning ordinance; however, the specific use permit shall be noted on the zoning map as follows: SUP - (the number of the request for a specific use permit). Any of the conditions contained in a specific use permit approval shall be considered as conditions precedent to the granting of a building permit for the approved specific use.

(e)

Time limits for implementation. If for any reason the approved specific use ceases operation for a period of two years, then the approval of said specific use shall be considered void and will require another public hearing review by the planning commission and city council. This shall also apply to any approved specific use that does not begin operation within two years of approval. This voiding of approval shall not apply if orderly progress toward completion of construction is taking place. Uses existing before the adoption of the specific use permit ordinance, including non-conforming uses and their incidental and accessory uses, must receive a specific use permit before any expansion of the use is permitted.

(Ord. No. 1218, §§ 1, 2, 2-2-2021)

Where the letter "R" appears for certain uses in sections 122-212, 122-241, 122-472, and 122-641 of the zoning district regulations, their use is a specific use that may be permitted subject to acquiring a specific use permit.

(Ord. No. 1218, §§ 1, 2, 2-2-2021)

Specific uses permitted shall comply with the most restrictive requirements of the zoning district in which the permitted use is located as set forth in the Mustang Zoning Code, except as may be modified by city council as provided in section 122-58.

(Ord. No. 1218, §§ 1, 2, 2-2-2021)

(a)

Filing of a petition for specific use permit. A petition for a specific use permit may be filed with the planning commission by the owner(s) of the property concerned, by the duly authorized representative thereof, by the holder of an option to purchase the affected real estate or by the purchaser in a contract to purchase realty. Such petition shall be on a standard form as the planning commission may establish. All petitions for a specific use permit shall be accompanied by a site plan of the proposed area showing the location and intended use of the site, of buildings, parking, and other pertinent data concerning the operation of the proposed use, and any other material pertinent to the request which the planning commission may require.

(b)

Fee for petition. The petition shall be accompanied by the payment of a filing fee of $200.00, and a notice fee as set forth in section 42-122. Said mailing fee shall consist of two parts, $150.00 for the hearing before the planning commission and $50.00 for the hearing before the city council. For specific use permits for uses in the C6 commercial special use district, the petition shall be accompanied by the payment of a filing fee of $500.00, and a notice fee as set forth in section 42-122. Said filing fee shall consist of two parts, $450.00 for the hearing before the planning commission and $50.00 for the hearing before the city council. For specific use permits for a sexually oriented business, the petition shall be accompanied by the payment of a filing fee of $5,000.00, and a notice fee as set forth in section 42-122. Said filing fee shall consist of two parts, $4,500.00 for the hearing before the planning commission and $500.00 for the hearing before the city council.

(c)

Notice of hearing.

(1)

Notice of a public hearing before the planning commission on the petition shall be given by the secretary of the planning commission by mailing written notice at least 20 days in advance of the hearing to all owners of property within a 300-foot radius of the exterior boundary of the property and such further notice deemed appropriate by the planning commission or the city council or otherwise required by Mustang ordinances. Fifteen days' notice of the public hearing shall be given by the planning commission by publication in a newspaper of general circulation in the City of Mustang. For specific use permits for uses in the C6 commercial special use district, notice of the public hearing before the planning commission shall be given at least 30 days in advance of the meeting to all owners of property within a 1,320-foot radius of the exterior boundary of the property.

(2)

The notice shall contain:

(i)

The date, time and place of the public hearing.

(ii)

The present zoning classification of the property and the nature of the specific use permit.

(iii)

The legal description of the property and street address or approximate location in the municipality.

(d)

Appeals and confirmation by city council.

(1)

A petition approved by the planning commission shall be transmitted to the city council with the report and recommendations of the planning commission within 30 days of the planning commission hearing for city council action thereon, together with the planning commission's findings of fact and conclusions of law.

(2)

A petition recommended for denial by the planning commission shall not be considered further unless the applicant, within 15 days of the action by the planning vommission, shall complete a notice of sppeal form available from the fevelopment firector and file it with the city clerk to request a hearing before the city council. If no such request is filed, then $50.00 of the original fee (or $500.00 for applications for a conditional use permit for a sexually oriented business) shall be refunded to the applicant. Upon filing of such request for hearing before the city council, the planning commission shall transmit to the city council its findings of fact and conclusions of Law and a copy of its minutes on the hearing. The city clerk shall notify all interested parties of record of the time and place of the city council meeting. If an appeal is timely filed, the city council shall establish a date specific for its decision and may affirm, reverse or remand the Findings of fact and conclusions of law of the planning commission.

(3)

The city council may either accept the findings of fact and conclusions of law of the planning commission, reverse the recommendation of the planning commission, modify the decision of the planning commission, or remand the matter for further consideration by the planning commission.

(e)

Reapplication or reconsideration of specific use request. The city is not required to reconsider requests denied by the city council for the same site unless the city determines there has been a material change in the petition. A material change is a substantial change in the petition as compared with prior petitions such that it warrants consideration as a new petition. A petition for a specific use permit for any portion of a site previously denied by the city council will be reviewed by the development director to determine if there has been a material change in the petition. The development director will notify the applicant of the decision. The determination of the development director may be appealed to the city manager within 15 days of the rendering of the decision.

(Ord. No. 1218, §§ 1, 2, 2-2-2021)

In order to process those uses which have not been identified within this Code or any zoning district as permitted uses or uses permitted on review, such other uses shall be considered for a special use permit. Therefore, this division allows the planning commission to review and recommend to the city council, and for the city council to authorize, by a majority of five affirmative votes, such uses to locate within a designated zoning district under the controls, limitations and regulations of a special use permit.

(Code 1977, § 17.39.010)

The decision to approve or disapprove the special use permit shall be within the legislative power of the city council and shall be based upon consideration of the health, safety and general welfare of the citizens and compatibility with the surrounding area, the size of land required, the specialized nature of the land use, and the impact on surrounding properties. It shall be the duty of the planning commission and city council under the provisions of this division to evaluate the impact of uses for which an application for a special use permit is submitted, and to stipulate any necessary conditions and restrictions, in addition to those specifically contained in this division, to ensure that the use remains compatible with the surrounding area. The city council may impose any additional terms or conditions necessary to protect the general character of the area and preserve the intent and purpose of this chapter and the comprehensive plan.

(Code 1977, § 17.39.020)

(a)

Application. An application for a special use permit shall be filed with the community development department. At the time of filing, the applicant shall pay the application and notice fees as provided in section 42-122 to cover the cost of public notice and investigation. The applicant shall submit a list of all record property owners and their current addresses within a 300-foot radius of the boundaries of the total site used for the special use permit described or the boundaries of the property ownership. For applications requesting a use that could include or accommodate a detoxification facility, a list of the property owners within 1,320 feet of the boundaries of the total site shall be prepared and certified by an abstract company.

(b)

Site development plan required. A complete site development plan shall be filed with each application.

(c)

Recommendation by planning commission; action by council.

(1)

The planning commission shall hold one or more public hearings on the application and prepare for the city council a report as to the effect of such proposed building conditions, public utilities, and other matters pertaining to the general welfare, and the recommendations of the planning commission concerning the use thereon.

(2)

A special use permit recommended by the planning commission for approval, or approval subject to modifications, shall be transmitted to the city council with the report and recommendations of the planning commission within 30 days of the planning commission action for hearing before and city council action thereon. Thereupon, the city council will hold one or more public hearings, at which time it may authorize or deny the issuance of a special use permit for the use of the land.

(3)

A special use permit recommended for denial by the planning commission shall not be considered further unless the applicant, within 15 days of the action by the planning commission, shall file with the city clerk and the recording secretary of the planning commission a written request for a public hearing before the city council. If no such request is filed, then $50.00 of the original permit fee shall be refunded to the applicant. Upon notice of a request for a public hearing before the city council, the planning commission shall transmit to the city council the application, its report and recommendations, and a copy of its minutes of the hearing. The recording secretary of the planning commission shall notify all interested parties of the time and place of the city council hearing pursuant to subpart (d) herein.

(d)

Notice of hearing. The planning commission shall set a date for a public hearing not less than 30 days nor more than 60 days from the date of the filing. Notice of such public hearing before the planning commission shall be given by the secretary of the planning commission by mailing written notice at least 20 days in advance of the meeting to all owners of property within a 300-foot radius of the exterior boundary of the property. For applications requesting a use that could include or accommodate a detoxification facility, notice of the public hearing before the planning commission shall be given at least 30 days in advance of the meeting to all owners of property within 1,320 feet of the boundaries of the total site.

(Code 1977, § 17.39.030; Ord. No. 1037, § 5, 2-2-2010; Ord. No. 1174, § 6, 9-4-2018; Ord. No. 1185, § 6, 4-2-2019)

(a)

No use approved under special use permit shall be commenced or maintained upon a lot or parcel except in accordance with the approved site plan.

(b)

All special use permits shall expire by default:

(1)

If the use is not established within 12 months and no extension is approved when a building permit has not been issued for construction. Within 12 months of city council approval the applicant or owner may request a hearing for an extension of the initial special use permit approval. Good cause for an extension shall mean that the owner shows evidence that he has contractors or applications for continual development within the next year following the original approval.

(2)

If the use, once established, has been discontinued for a period of 12 months or abandoned.

(c)

Whenever the building inspector finds that any proposed construction or occupancy will not, in his opinion, substantially comply with the special use permit, he shall refer the question to the city council for its review.

(d)

When the holder of a special use permit determines that an extension of time or modification of the site development plan or other requirement is necessary, he may apply for amendment in the same manner as the original application, including the payment of required fees. The amendment shall be processed in the same manner as an original application.

(Code 1977, § 17.39.040; Ord. No. 1037, § 5, 2-2-2010)

Once a special use permit has been granted for a particular use at a specified location, the use shall not be enlarged, extended, increased in intensity or relocated without an application for a new special use permit. In the event of a transfer of ownership of the property which is the subject of the special use permit, such permit shall terminate and it will be necessary for the new owner to apply for a new special use permit. After a special permit has been granted by the city council, the use and special use permit shall be reviewed every two years, and may be extended for an additional two years by the city council if all conditions imposed continue to be met. If the special use permit is not granted an extension, the reasons for denial shall be stated in writing, and the special use permit shall be terminated within 90 days after official notification by the city.

(Code 1977, § 17.39.050)

Within the districts established by this chapter or amendments that may later be adopted, there are uses, structures and lots which were lawful before October 18, 1983, or before this chapter was amended, but which became prohibited under the terms of this chapter or amendments to this chapter.

(Code 1977, § 17.46.010)

The lawful use of land existing on October 18, 1984, even though such use does not conform to the provisions of this chapter, may continue subject to the following provisions:

(1)

If the nonconforming use or any portion thereof is discontinued for a period of three months, or changed, any future use of such land, or change in use, shall be in conformity with the provisions of the district in which the land is located.

(2)

A nonconforming use shall not be expanded or moved in whole or in part to any other portion of the lot or parcel on which it is located.

(Code 1977, § 17.46.020)

This section applies to nonconforming uses of conforming buildings. If a lawful use involving conforming individual buildings or structures, existing on October 18, 1984 or on the effective date of an amendment to this chapter, becomes nonconforming under the terms of this chapter, the use may continue, subject to the provisions of sections 122-94 through 122-98.

(Code 1977, § 17.46.030)

The use of a nonconforming building or structure may be changed to a use of the same or a more restricted district classification, but where the use of a nonconforming building or structure is changed to a use of a more restrictive district classification, it shall not thereafter be changed to a use of a less restricted district classification.

(Code 1977, § 17.46.031)

If a nonconforming use of any building or premises is discontinued for a period of one year, the use of the building or premises shall thereafter conform to the use regulations of the district.

(Code 1977, § 17.46.032)

No nonconforming use, except when required by law, shall be enlarged, extended or reconstructed, unless such change is to a use permitted in the district.

(Code 1977, § 17.46.033)

When a nonconforming use of a building is damaged by fire, explosion, natural cause or public enemy by more than 50 percent of its true value, the building shall be restored only if it conforms with the district regulations.

(Code 1977, § 17.46.034)

Improvements or remodeling which do not increase the size or intensity of a nonconforming use shall be permitted.

(Code 1977, § 17.46.035)

This section applies to nonconforming buildings and structures with conforming uses. Although a structure or building does not conform to the district regulations of this chapter for minimum lot size, lot width, yard requirements, height, lot coverage, parking, other characteristics of the structure, or its location on the lot, the lawful existence of a structure or building at the effective date of the ordinance from which this chapter is derived may continue, subject to the provisions of sections 122-100 through 122-103.

(Code 1977, § 17.46.040)

A nonconforming building or structure shall not be enlarged in any manner unless the building or structure, including additions and enlargements, is made to conform to all of the regulations of the district in which it is located; however, if a building or structure is conforming as to use, but nonconforming as to yards or height or off-street parking space, the building or structure may be enlarged or added to provided that the enlargement or addition complies with the yard or height requirements and the existing building and the addition comply with the off-street parking requirements of the district in which the building or structure is located.

(Code 1977, § 17.46.041)

When a nonconforming building is damaged by fire, explosion, natural causes or a public enemy by more than 50 percent of its true value, it shall be restored only if it is done in a manner that conforms with the district regulations.

(Code 1977, § 17.46.042)

No nonconforming building shall be moved for any reason for any distance whatever unless it conforms to all provisions of the zoning district in its new location.

(Code 1977, § 17.46.043)

Improvements or remodeling of a nonconforming building which do not increase the size or intensity of use shall be permitted.

(Code 1977, § 17.46.044)

Nothing in this division shall be interpreted as authorizing approval of a building or premises in violation of zoning regulations in effect on the effective date of the ordinance from which this chapter is derived.

(Code 1977, § 17.46.050)

There is created within and for the city a board of adjustment with the powers and duties as set forth in this division.

(Code 1977, § 17.48.010)

State Law reference— Board of adjustment required, 11 O.S. § 44-101.

(a)

The board of adjustment shall consist of five members, each to be appointed for a term of three years and removable for the good of the service by the governing body upon written charges and after a public hearing. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant. Members appointed shall be citizens of the city, each appointed by the governing body.

(b)

Only one member shall be appointed from the membership of the planning commission by the governing body. In this case expiration of membership on the planning commission shall also constitute expiration of membership on the board of adjustment.

(Code 1977, § 17.48.020; Ord. No. 918, § 1, 8-17-2004; Ord. No. 919, § 1, 8-17-2004)

State Law reference— Similar provisions, 11 O.S. § 44-101.

The board of adjustment shall adopt rules in accordance with the provisions of this division. Meetings of the board of adjustment shall be held at the call of the chairperson and at such other times as the board of adjustment may determine. The chairperson, or in his absence the acting chairperson, may administer oaths and compel the attendance of witnesses. The board of adjustment shall be subject to the open meeting laws of the state and all meetings, deliberation and voting of the board shall be open to the public. The board of adjustment shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of all official actions, all of which shall be immediately filed in the office of the board of adjustment and shall be public record.

(Code 1977, § 17.48.030)

State Law reference— Similar provisions, 11 O.S. § 44-102.

(a)

The board of adjustment shall have the power to:

(1)

Hear and decide appeals if it is alleged there is error in any order, requirement, decision or determination made by an administrative official in the enforcement of any zoning ordinance or by a building or code enforcement official or inspector in the interpretation or enforcement of building, electrical, mechanical or plumbing codes in connection with a building or trade permit.

(2)

Hear and decide special exceptions to this chapter to allow a use, or a specifically designated element associated with a use, which is not permitted by right in a particular district because of potential adverse effect, but which, if controlled in the particular instance as to its relationship to the neighborhood and to the general welfare, may be permitted by the board of adjustment, where specifically authorized by this chapter, and in accordance with the substantive and procedural standards of this chapter.

(3)

Authorize in specific cases such variances from the terms of this chapter as will not be contrary to the public interest, where owing to special conditions a literal enforcement of the provisions of this chapter will result in unnecessary hardship and so that the spirit of this chapter shall be observed and substantial justice done; provided, however, that the board shall have no power to authorize variances as to use except as provided by subsection (a)(4) of this section.

(4)

Hear and decide oil and/or gas applications or appeals unless prohibited throughout the city by ordinance. The board of adjustment shall be required to make the findings prescribed by 11 O.S. § 44-107 in order to grant a variance as to use with respect to any such application or appeal.

(5)

Hear and determine any proceedings to revoke or suspend any electrical contractor's registration or any journeyman electrician's registration on the grounds set forth in section 18-144.

(b)

Exceptions and/or variances may be allowed by the board of adjustment only after notice and hearing as provided in section 122-129. The record of the meeting at which the variance or special exception was granted shall show that each element of a variance or special exception was established at the public hearing on the question; otherwise the variance or special exception shall be voidable on appeal to the district court.

(Code 1977, § 17.48.040; Ord. No. 1271, § 1, 8-2-2022)

State Law reference— Similar provisions, 11 O.S. § 44-104.

(a)

When exercising the powers provided for in section 122-124, the board of adjustment, in conformity with the provisions of this chapter, may reverse or affirm, in whole or in part, or modify the order, requirement, decision or determination from which appealed and may make such order, requirement, decision or determination as ought to be made.

(b)

The concurring vote of at least three members of the board of adjustment shall be necessary to reverse any order, requirement, decision or determination being appealed from, to decide in favor of the applicant, or to decide any matter which may properly come before it pursuant to this chapter and 11 O.S. § 44-104.

(Code 1977, § 17.48.050)

State Law reference— Similar provisions, 11 O.S. § 44-105.

The city council may authorize the board of adjustment to make special exceptions to the terms of this chapter in appropriate cases and subject to appropriate conditions and safeguards in harmony with its general purpose and intent and only in accordance with general or specific provisions contained in this chapter.

(Code 1977, § 17.48.060)

State Law reference— Similar provisions, 11 O.S. § 44-106.

Upon appeal, the board is empowered to permit the following exceptions:

(1)

To permit the extension of a district where the boundary line of a district divides a lot in single ownership as shown of record.

(2)

To interpret the provisions of this chapter where the street layout actually on the ground varies from the street layout as shown on the map fixing the several districts, which map is attached to the ordinance from which this chapter is derived and made a part of this chapter.

(3)

To grant exceptions to the off-street parking requirements set forth in article X of this chapter when it is determined that the size and shape of the lot to be built on is such that off-street parking provisions could not be complied with and that the proposed use will not create undue traffic congestion in the adjacent streets.

(4)

To grant exceptions to the side yard requirements for accessory detached private automobile garages on a lot where a conforming dwelling existed on October 18, 1984; provided, however, that no detached garage shall be permitted to be closer than 60 feet to the front property line or to be located closer than ten feet to a dwelling located on an adjacent lot.

(5)

To authorize by special permit the temporary location of one mobile home in an A-1 or R-E district for a period of time not to exceed one year under the following conditions:

a.

The mobile home shall be connected with a suitable water supply and sewer system and shall be in conformance with the health and sanitation laws of the city, county and state.

b.

The land on which the mobile home is located shall be owned by the occupant thereof, or the owner shall be related in the first degree to an occupant thereof.

c.

Only one mobile home unit shall be permitted to locate on a lot. The mobile home unit shall be temporary only, for a period of time which shall not exceed one year from the date of issuance of the permit.

d.

It is intended that a single mobile home unit be permitted to locate temporarily in an area that is relatively undeveloped. The location of mobile homes, even on a temporary basis, in established residential areas is not considered desirable. Therefore, no mobile home shall be permitted within 200 feet, including streets and alleys, of an existing dwelling.

(Code 1977, § 17.48.061; Ord. No. 1023, § 1, 6-16-2009)

(a)

Applications for variances shall be filed with the planning director, who shall distribute it to other appropriate city departments for review. The application shall be accompanied by the payment of the application fee and notice fee as set forth in section 42-122.

(b)

A variance from the terms of this chapter may be granted, as provided in this division, only upon a finding by the board of adjustment that:

(1)

The application of this chapter to the particular piece of property would create an unnecessary hardship;

(2)

Such conditions are peculiar to the particular piece of property involved;

(3)

Relief, if granted, would not cause substantial detriment to the public good, or impair the purposes and intent of this chapter or the comprehensive plan; and

(4)

The variance, if granted, would be the minimum necessary to alleviate the unnecessary hardship.

(c)

The applicant for a variance has the burden of showing that granting of a variance will not be contrary to the public interest, that literal enforcement of this chapter will result in unnecessary hardship, that by granting the variance the spirit of this chapter will be observed, and that by granting the variance substantial justice will be done.

(Code 1977, §§ 17.48.070, 17.48.071; Ord. No. 1185, § 7, 4-2-2019)

State Law reference— Similar provisions, 11 O.S. § 44-107.

(a)

Notice of a public hearing before the board of adjustment shall be given by publication in a newspaper of general circulation in the city and by mailing written notice by the clerk of the board of adjustment to all owners of property within a 300-foot radius of the exterior boundary of the subject property. A copy of the published notice may be mailed in lieu of written notice; however, the notice by publication and written notice shall be published and mailed at least ten days prior to the hearing.

(b)

The notice, whether by publication or mail, of a public hearing before the board of adjustment shall contain:

(1)

A legal description of the property and the street address or approximate location in the city;

(2)

The present zoning classification of the property and the nature of the appeal, variance or exception requested; and

(3)

The date, time and place of the hearing.

(c)

On hearings involving minor variances or exceptions, notice shall be given by the clerk of the board of adjustment by mailing written notice to all owners of property adjacent to the subject property. The notice shall be mailed at least ten days prior to the hearing and shall contain the facts listed in subsection (b) of this section. The board of adjustment shall set forth in a statement of policy what constitutes minor variances or exceptions, subject to approval or amendment by the city council.

(Code 1977, § 17.48.080)

State Law reference— Similar provisions, 11 O.S. § 44-108.

(a)

Appeals to the board of adjustment from any action or decision of an administrative officer acting pursuant to any zoning ordinance to the board of adjustment shall be made in the following manner:

(1)

Appeals may be taken by any person aggrieved or by any officer, department, board or bureau of the city affected by any decision of the administrative officer.

(2)

An appeal shall be taken within 30 days from the date of the decision by filing with the city clerk and filing with the board of adjustment a written notice of appeal requesting a hearing and setting forth a brief statement of the grounds for such appeal, and by paying the filing and notice fees as set forth in section 42-122 at the office of the city clerk at the time the notice is filed. The applicant shall provide at the time of notice of appeal is filed a certified list of property owners within 300 feet of the property in question, prepared by a bonded abstract company. The officer from whom the appeal is taken shall forthwith transmit to the board of adjustment certified copies of all the papers constituting the record of the matter, together with a copy of the ruling or order from which the appeal is taken.

(3)

An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the board of adjustment after the notice of appeal has been filed that by reason of facts stated in the certificate a stay would in his opinion cause imminent peril to life or property. In such case the proceedings shall not be stayed otherwise than by a restraining order, which may be granted by the board of adjustment or by a court of record on application or notice to the officer from whom the appeal is taken on due cause shown.

(4)

The board of adjustment shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties in interest, and decide the appeal within a reasonable time. Upon the hearing, any party may appear in person or by agent or by attorney.

(b)

Appeals to the board of adjustment from any action or decision of a building or code enforcement official by any person aggrieved by any notice, order, requirement, decision, determination or interpretation made by a building or code enforcement official in connection with a building or trade permit shall be made in the following manner:

(1)

An appeal may be taken by any person aggrieved or by any officer, department, board or bureau of the city affected by any interpretation of any code provision.

(2)

An appeal shall be filed not more than 15 days after the date of the decision or interpretation by the building or code enforcement official by filing with the city clerk and with the board of adjustment a written notice of appeal requesting a hearing and setting forth a brief statement of the grounds for such appeal. specifying the grounds therefor, and by paying the filing and notice fees as set forth in section 42-122 at the office of the city clerk at the time the notice is filed.

(3)

The building or code enforcement official shall forthwith transmit to the board all the papers constituting the record upon the action from which the appeal was taken, including the reports substantiating the position of the office.

(4)

An appeal stays all proceedings in furtherance of the action appealed from, unless the official from whom the appeal is taken certifies to the board of adjustment after the notice of appeal has been filed with him that by reason of facts stated in the certificate a stay would in his opinion cause imminent peril to life or property. In such case the proceedings shall not be stayed otherwise than by a restraining order, which may be granted by the board of adjustment or by a court of record on application or notice to the officer from whom the appeal is taken on due cause shown. An appeal stays all proceedings in furtherance of the action appealed from.

(5)

The chairperson shall fix a reasonable date and time for the hearing of an appeal. The date of the hearing be within 30 days of receipt of the written appeal. The appellant shall be given written notice of the date and time of the hearing by certified mail, return receipt requested. The appellant, his representative and any other person whose interest may be affected by the matter on appeal small be given an opportunity to be heard.

(6)

The board may modify or reverse any decision or order of the building or code enforcement official, in any particular case, when and only when in its opinion the strict application and enforcement thereof would result in peculiar and exceptional practical difficulties to or exceptional undue hardship upon or manifest injustice to an appellant and would be contrary to the spirit and the purpose of this article or the public interest, or when it has been determined that the true intent has been incorrectly interpreted.

(7)

Every ruling made upon any appeal to the board shall be accompanied by a written finding of fact based upon the evidence and testimony received at the hearing accorded by the board. The ruling shall specify the reason for granting, denying or modifying the appeal and shall indicate the vote upon the decision. Every decision shall be filed with the board of adjustment and shall be open to public inspection. A copy of such decision shall be kept publicly posted in the office of the community development director for two weeks after filing.

(Code 1977, § 17.48.090; Ord. No. 1185, § 8, 4-2-2019; Ord. No. 1271, § 2, 8-2-2022)

State Law reference— Similar provisions, 11 O.S. § 44-109.

(a)

An appeal from any action, decision, ruling, judgment or order of the board of adjustment may be taken by any person or persons jointly or severally aggrieved, or any taxpayer or any officer, department, board or bureau of the city to the district court for the county; provided, findings and decisions issued by the board of adjustment in an appeal from any action or decision of a building or code enforcement official regarding any notice, order, requirement, decision, determination or interpretation in connection with a building or trade permit shall be final and binding on the parties thereto, provided further that any person aggrieved by such findings and decisions may seek relief therefrom by filing suit in a court of competent jurisdiction within a time period as prescribed by state law.

(b)

The appeal shall be taken by filing with the city clerk and with the clerk of the board of adjustment, within 15 days, a notice of appeal. The notice shall specify the grounds for the appeal. No bond or deposit for costs shall be required for such appeal.

(c)

Upon filing the notice of appeal, the board of adjustment shall forthwith transmit to the court clerk the original, or certified copies, of all papers constituting the record in the case, together with the order, decision or ruling of the board.

(d)

The appeal shall be heard and tried de novo (without a jury) in the district court. All issues in any proceedings under this section shall have preference over all other civil actions and proceedings.

(e)

During the pendency of such an appeal, the effectiveness of a decision of the board of adjustment shall not be suspended unless a party applies to the district court for, and the district court grants, a stay pending the district court's determination of the merits of the appeal as provided by state law.

(f)

The district court may reverse or affirm, wholly or partly, or modify the decision brought up for review. Costs shall not be allowed against the board of adjustment unless it shall appear to the district court that the board acted with gross negligence or in bad faith or with malice in making the decision appealed from. An appeal shall lie from the action of the district court as in all other civil actions.

(g)

The authority and jurisdiction of the board of adjustment to hear and determine an appeal from any action of a building or code enforcement official regarding any notice, order, determination or interpretation of the any building code or building or trade permits shall supersede all other ordinances, codes or provisions in conflict with same.

(Code 1977, § 17.48.100; Ord. No. 1271, § 3, 8-2-2022)

State Law reference— Similar provisions, 11 O.S. § 44-110.